Surrogate Margarita Lopez Torres
Letters of administration were issued to decedent’s niece. She sought removal of restrictions on the sale of real property, the sole asset of the estate, seeking to sell it for $200,000. A prior attempt to sell the home in 2008 for $350,000 was never completed. The niece, at a status conference, explained the low selling price was due to the poor condition of the property, including the fact it was occupied by non-paying tenants and uninsured. Further, the court learned a mortgage was taken out to pay a tax lien, but that the niece never opened an estate account and irregularly collected rental payments in cash from five individuals claiming to pay the light and gas bills for the premises with the money. Yet, the court noted the niece had no proof of any transactions as she admitted she maintained no records of any transactions made regarding the property. The court found the niece, as administrator, took no action to safeguard, repair or preserve the property since 2004, including maintaining proper insurance or presenting it for sale through a broker to obtain an optimal price. It found ample proof of a want of understanding, improvidence and a general unfitness to serve as a fiduciary, denying the petition to sell the house, and revoking the letters of administration.
